New South Wales Consolidated Acts

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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008

- As at 7 July 2017
- Act 95 of 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Purpose
   4.      Definitions
   5.      Scope of this Act

   PART 2 - LICENSING AND SAFETY OBLIGATIONS

   6.      Licensing of vehicles transporting dangerous goods
   7.      Licensing of drivers transporting dangerous goods
   8.      Goods too dangerous to be transported
   9.      Duties concerning the transport of dangerous goods
   10.     Reckless conduct causing death or serious injury by person with duties under section 9
   11.     Special defence for owners or operators
   12.     Offences by corporations-liability of directors and managers

   PART 3 - REGULATIONS

   13.     Regulation-making powers
   14.     Regulations may adopt codes, standards and rules
   15.     Penalties under the regulations

   PART 4 - ADMINISTRATION

           Division 1 - Competent Authorities and their authorised officers

   16.     Competent Authorities
   17.     Appointment of authorised officers
   18.     Identification cards
   19.     Return of identification cards
   20.     Competent Authority may delegate functions

           Division 2 - Powers of authorised officers

   21.     Section 21 General powers of authorised officers who are police officers or appointed by EPA: application of Chapter 7 of Protection of the Environment Operations Act 1997
   22.     General powers of authorised officers appointed by SafeWork NSW: application of Part 9 of Work Health and Safety Act 2011
   23.     Offence of obstructing or intimidating authorised officers and others exercising functions under Act
   24.     Offence of impersonating an authorised officer
   25.     Reciprocal powers of authorised officers

   PART 5 - INVESTIGATION, IMPROVEMENT AND PROHIBITION NOTICES

           Division 1 - Investigation notices

   26.     Investigation notices
   27.     Offence: failure to comply with investigation notice

           Division 2 - Improvement notices

   28.     Issue of improvement notices
   29.     Offence: failure to comply with improvement notice

           Division 3 - Prohibition notices

   30.     Issue of prohibition notices
   31.     Offence: failure to comply with prohibition notice

           Division 4 - General provisions relating to notices

   32.     Preventing injury and damage-taking direct action
   33.     Notices may include directions
   34.     Review of notices by Competent Authority
   35.     Appeal to Court following review
   36.     Application for stay of investigation or prohibition notice
   37.     Withdrawal of notices
   38.     Revocation or withdrawal of notice does not prevent issue of another notice
   39.     Service of notices
   40.     Exhibition of notices
   41.     Proceedings for offences not affected by notices

   PART 6 - EXEMPTIONS

   42.     Exemptions
   43.     Variation and cancellation of exemptions and conditions
   44.     Internal review of exemptions by Competent Authority
   45.     Appeal to Court following review
   46.     Application orders and emergency orders

   PART 7 - CRIMINAL AND OTHER PROCEEDINGS

           Division 1 - Proceedings for offences generally

   47.     Proceedings for an offence
   48.     Penalty notices

           Division 2 - Court orders in connection with offences

   49.     Operation of Division
   50.     Orders generally
   51.     Orders regarding monetary benefits
   52.     Power to affect licences
   53.     Supervisory intervention orders
   54.     Prohibiting a person from involvement in the dangerous goods transport industry
   55.     Forfeiture
   56.     Orders for costs, expenses and compensation at time offence proved
   57.     Recovery of costs, expenses and compensation after offence proved
   58.     Recovery of costs from convicted person

           Division 3 - General

   59.     Evidence
   60.     Evidence regarding weighing
   61.     Transport documentation
   62.     Proof of appointments and signatures unnecessary
   63.     Use of codes of practice etc in proceedings

   PART 8 - MISCELLANEOUS

   64.     Act to bind Crown
   65.     Protection from liability
   66.     Confidentiality and disclosure of information
   67.     Contracting out prohibited
   68.     Recovery of costs of public authorities
   69.     Assistance in emergencies or accidents
   70.     Minister to notify adoption of code etc
   71.     Delegation
   72.     Savings, transitional and other provisions
           73, 74. (Repealed)
   75.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)


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